Data Protection Policy
For the following academies:
Cardinal Newman Catholic Primary School
Salesian School
St Alban’s Catholic Primary School
St Anne’s Catholic Primary School
St Augustine’s Catholic Primary School
St Charles Borromeo Catholic Primary School
St John the Baptist School
St Hugh of Lincoln Catholic Primary School
The Holy Family Catholic Primary School
This Data Protection Policy has been approved and adopted by the Xavier Catholic Education Trust in January 2017 and will be reviewed in October 2018.
Committee Responsible: Audit and Risk Committee
Xavier Catholic Education Trust Mission Statement
Our mission is to provide an outstanding Catholic education for all the children in our schools. We will follow the example and teachings of Christ and everything we do will be inspired by gospel values. We will strive for excellence in all areas of our work and cherish every child in our care.
A school collects and uses personal information about staff, pupils, parents and other individuals who come into contact with the school. This information is gathered in order to enable it to provide education and other associated functions. In addition, there may be a legal requirement to collect and use information to ensure that the school complies with its statutory obligations.
Schools have a duty to be registered, as Data Controllers, with the Information Commissioner’s Office (ICO) detailing the information held and its use. These details are then available on the ICO’s website. Schools also have a duty to issue a Fair Processing Notice to all pupils/parents; this summarises the information held on pupils, why it is held and the other parties to whom it may be passed on. The similar requirement to issue a Privacy Notice applies to the School’s workforce.
Purpose
This policy is intended to ensure that personal information is dealt with correctly and securely and in accordance with the Data Protection Act 1998 and other related legislation. It will apply to information regardless of the way it is collected, used, recorded, stored and destroyed, and irrespective of whether it is held in paper files or electronically. Biometric data and data stored in the cloud is also covered.
All staff involved with the collection, processing and disclosure of personal data will be aware of their duties and responsibilities by adhering to these guidelines.
What is Personal Information?
Personal information or data is defined as data which relates to a living individual who can be identified from that data or from other information held.
Data Protection Principles
Anyone who processes personal information must comply with the eight principles of the Act, which make sure that personal information is:
1 . processed fairly and lawfully;
2. obtained for specified and lawful purposes;
3 . adequate, relevant and not excessive;
4 . accurate and, where necessary, kept up to date;
5 . not kept for longer than is necessary;
6. processed in line with individuals’ rights;
7. kept secure;
8. not transferred to a country outside the EEA without adequate protection.
General Statement
The school is committed to maintaining the above principles at all times. The school will therefore:
• Inform individuals why the information is being collected when it is collected;
• Inform individuals when their information is shared, and why and with whom it was shared;
• Check the quality and the accuracy of the information it holds;
• Ensure that information is not retained for longer than is necessary;
• Ensure that when obsolete information is destroyed that it is done so appropriately and securely;
• Ensure that clear and robust safeguards are in place to protect personal information from loss, theft and unauthorised disclosure, irrespective of the format in which it is recorded;
• Share information with others only when it is legally appropriate to do so;
• Set out procedures to ensure compliance with the duty to respond to requests for access to personal information, known as Subject Access Requests (see Appendix 1);
• Ensure our staff are aware of and understand our policies and procedures
Complaints
Complaints will be dealt with in accordance with the school’s complaints policy. Complaints relating to information handling may be referred to the Information Commissioner (the statutory regulator).
Review
This policy will be reviewed as it is deemed appropriate, but no less frequently than every two years.
Contacts
If you have any enquires in relation to this policy, please contact the Headteacher who will also act as the contact point for any subject access requests.
Further advice and information is available from the Information
Commissioner’s Office, www.ico.gov.uk or telephone 0303 123 1113.
Appendix 1
Xavier Catholic Education Trust Schools
Procedures for responding to subject access requests made under the Data Protection Act 1998
Rights of access to information
There are two distinct rights of access to information held by schools about pupils.
Under the Data Protection Act 1998, any individual has the right to make a request to access the personal information held about them.
The right of those entitled to have access to curricular and educational records as defined within the Education Pupil Information (Wales) Regulations 2004.
These procedures relate to subject access requests made under the Data Protection Act 1998.
Actioning a subject access request
Requests for information must be made in writing; which includes email, and be addressed to the Headteacher. If the initial request does not clearly identify the information required, then further enquiries will be made.
The identity of the requestor must be established before the disclosure of any information, and checks should be carried out regarding proof of relationship to the child. Evidence of identity can be established by requesting production of:
• passport
• driving licence
• utility bills with the current address
• Birth / Marriage certificate
• P45/P60
• Credit Card or Mortgage statement
This list is not exhaustive.
Any individual has the right of access to information held about them. However, with children, this is dependent upon their capacity to understand (normally age 12 or above) and the nature of the request. The Headteacher should discuss the request with the child and consider their views when making a decision. A child with competency to understand can refuse to consent to the request for their records. Where the child is not deemed competent, an individual with parental responsibility or guardian shall make the decision on behalf of the child.
The school may make a charge for the provision of information, dependent upon the following:
• Should the information requested contain the educational record then the amount charged will be dependent upon the number of pages provided.
• Should the information requested be personal information that does not include any information contained within educational records, schools can charge up to £10 to provide it.
• If the information requested is only the educational record, viewing will be free, but the Headteacher can make a charge not exceeding the cost of copying the information.
The response time for subject access requests, once officially received, is 40 days (not working or school days but calendar days, irrespective of school holiday periods). However, the 40 days will not commence until after receipt of fees or clarification of information sought
The Data Protection Act 1998 allows exemptions as to the provision of some information; therefore, all information will be reviewed prior to disclosure.
Third party information is that which another, such as the Police, Local Authority, Health Care professional or another school, has provided. Before disclosing third party, information consent should normally be obtained. There is still a need to adhere to the 40 day statutory timescale.
Any information which may cause serious harm to the physical or mental health or emotional condition of the pupil or another should not be disclosed; nor should information that would reveal that the child is at risk of abuse, or information relating to court proceedings.
If there are concerns over the disclosure of information then additional advice should be sought.
Where redaction (information blacked out/removed) has taken place, a full copy of the information provided should be retained in order to establish, if a complaint is made, what was redacted and why.
Information disclosed should be clear. Any codes or technical terms would need to be clarified and explained. If information contained within the disclosure is difficult to read or illegible, then it should be retyped.
Information can be provided at the school with a member of staff on hand to
help and explain matters if requested, or provided at face-to-face handover.
The views of the applicant should be taken into account when considering the method of delivery. If postal systems have to be used then registered/recorded mail must be used.
Complaints
Complaints about the above procedures should be made to the Chairperson of the Local Governing Committee who will decide whether it is appropriate for the complaint to be dealt with in accordance with the school’s complaint procedure.
The Information Commissioner can deal with complaints, which are not appropriate to be dealt with through the school’s complaint procedure. Contact details of both will be provided with the disclosure information.
Contacts
If you have any queries or concerns regarding these policies/procedures then please contact the Headteacher.
Further advice and information can be obtained from the Information Commissioner’s Office, www.ico.gov.uk
Guidance: http://www.ictknowledgebase.org.uk/dataprotectionpolicies
http://www.ico.gov.uk/for_organisations/data_protection/the_guide.aspx